Full Text of HB2500 101st General Assembly
HB2500ham001 101ST GENERAL ASSEMBLY | Rep. Emanuel Chris Welch Filed: 4/8/2019
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| 1 | | AMENDMENT TO HOUSE BILL 2500
| 2 | | AMENDMENT NO. ______. Amend House Bill 2500 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 1. Purpose. | 5 | | (a) This Act provides for the purpose of maintaining | 6 | | complete and accurate criminal records of the Department of | 7 | | State Police and it is necessary for all policing bodies of | 8 | | this State, the clerk of the circuit court, the Department of | 9 | | Corrections, the sheriff of each county, and State's Attorney | 10 | | of each county to submit certain criminal arrest, charge, and | 11 | | disposition information to the Department of State Police for | 12 | | filing at the earliest time possible. This Act also provides | 13 | | that it shall be the duty of all policing bodies of this State, | 14 | | the clerk of the circuit court, the Department of Corrections, | 15 | | the sheriff of each county, and the State's Attorney of each | 16 | | county to report such information, both in the form and manner | 17 | | required by the Department of State Police and within 30 days |
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| 1 | | of the criminal history event. Specifically, this information | 2 | | is: (1) arrest information; (2) charge information; and (3) | 3 | | disposition information. | 4 | | (b) Circuit clerks, law enforcement, and courts throughout | 5 | | this State all operate on unique information technology | 6 | | systems. Some jurisdictions have been unable to digitize older | 7 | | court records and those remain paper based. | 8 | | (c) Individuals seeking to have records sealed or expunged | 9 | | have to know their complete criminal history, which includes | 10 | | everywhere they have been arrested and what is the disposition | 11 | | of each arrest. Official criminal history rap sheets are often | 12 | | times incomplete and not updated and charging information and | 13 | | disposition information are not available on arrests. | 14 | | Municipal ordinance arrests and certain misdemeanors are not | 15 | | reported which leads to cases showing up in clerk's records, | 16 | | but not on the official record. | 17 | | (d) When filing expungement and sealing petitions, | 18 | | accuracy is important and knowing the proper waiting period for | 19 | | sealing from point of last sentence. Once an individual | 20 | | receives his or her complete criminal history transcript from | 21 | | the Department of State Police, the disposition needs to be | 22 | | verified in each appropriate clerk's system. Due to the lack of | 23 | | clear reporting, individuals must deal with the discrepancies | 24 | | because the reports do not always correspond. | 25 | | (e) Within each jurisdiction exists differing filing | 26 | | procedures, and while filing fees for the indigent and |
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| 1 | | juveniles is waived, the Department's fee is currently a | 2 | | standard $60, however, county level filing fees differ all over | 3 | | the State. | 4 | | (f) State law provides that objections to a petition to | 5 | | expunge or seal must be filed within 60 days of the date of | 6 | | service of the petition, which has had varying interpretations. | 7 | | The courts do not have an imposed time limit to set a court | 8 | | date. Lengthy court dates are an obstacle to getting orders | 9 | | signed in higher volume court systems and obtaining a court | 10 | | date may take as long as 9 months to actually get an order | 11 | | signed, which is several months after the objection period. | 12 | | (g) While the petitioner faces challenges navigating the | 13 | | process for a variety of reasons, the court, clerks of the | 14 | | circuit court, and law enforcement struggle with complying with | 15 | | the sealing and expungement process, a combination of competing | 16 | | priorities, technology, and adequate staffing. As a result, | 17 | | sealing and expungement orders are sometimes granted for | 18 | | incidents which are ineligible. During the past few years, the | 19 | | General Assembly has made several well-intentioned changes to | 20 | | the sealing and expungement statute, however these changes can | 21 | | sometimes be redundant, inconsistent, and confusing. Future | 22 | | changes should be more readable, understandable, and | 23 | | consistent. | 24 | | Section 5. The Criminal Identification Act is amended by | 25 | | adding Section 6 as follows: |
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| 1 | | (20 ILCS 2630/6 new) | 2 | | Sec. 6. Expungement and Sealing Task Force. | 3 | | (a) The Expungement and Sealing Task Force is created. The | 4 | | purpose of the Task Force is to conduct an intensive study and | 5 | | analysis of this State's expungement and sealing laws. The goal | 6 | | of this analysis should include, but not be limited to, | 7 | | identifying strengths and weaknesses in the following areas: | 8 | | criminal history record information, petition filing, petition | 9 | | notice, court proceedings, challenges for petitioners filing | 10 | | pro se, resources, personnel, technology and dissemination of | 11 | | criminal history information and to recommend improvements and | 12 | | propose legislative initiatives to the sealing and expungement | 13 | | law to the General Assembly. | 14 | | (b) The Task Force shall consist of 21 members as follows: | 15 | | (1) one member each, appointed by the Speaker of the | 16 | | House of Representatives, the Minority Leader of the House | 17 | | of Representatives, the President of the Senate, and the | 18 | | Minority Leader of the Senate; | 19 | | (2) 2 members representing circuit court clerks, | 20 | | appointed by the Speaker of the House of Representatives; | 21 | | (3) 3 members appointed by the Governor, 2 of which are | 22 | | members of organizations working in adult and juvenile | 23 | | sealing and expungement matters; | 24 | | (4) one member appointed by the Director of State | 25 | | Police; |
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| 1 | | (5) one member representing an association | 2 | | representing State's Attorneys, appointed by the Speaker | 3 | | of the House of Representatives; | 4 | | (6) one member representing an association | 5 | | representing chiefs of police, appointed by the Minority | 6 | | Leader of the House of Representatives; | 7 | | (7) one member representing an association | 8 | | representing sheriffs, appointed by the Senate Minority | 9 | | Leader; | 10 | | (8) one member representing the Office of the State | 11 | | Appellate Defender; | 12 | | (9) one member representing the Office of the State | 13 | | Appellate Prosecutor; | 14 | | (10) one member representing an association | 15 | | representing Illinois lawyers, appointed by the Senate | 16 | | President; and | 17 | | (11) 5 members appointed by the Chief Justice of the | 18 | | Supreme Court, including one member with experience with | 19 | | sealing and expungement standardized forms. | 20 | | (c) At the direction of the Supreme Court, the | 21 | | Administrative Office of the Illinois Courts shall provide | 22 | | administrative support to the Task Force. | 23 | | (d) The Task Force shall submit a report containing its | 24 | | findings and any recommendations to the Supreme Court and the | 25 | | General Assembly by April 1, 2020. | 26 | | (e) The Task Force is dissolved on January 1, 2021. |
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| 1 | | (f) This Section is repealed on January 1, 2022.
| 2 | | Section 99. Effective date. This Act takes effect upon | 3 | | becoming law.".
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